Detection of malingering in competency to stand trial evaluations

A simulation design with multiple contrast groups was used to test the effectiveness of two instruments, the Structured Interview of Reported Symptoms (SIRS) and the Georgia Court Competency Test—Mississippi State Hospital (GCCT-MSH) in detecting malingering of competency to stand trial. Thirty simulators were compared with 23 incompetent defendants, 25 competent defendants, 30 offender controls, and 7 suspected malingerers on both instruments. Results revealed that the simulators and suspected malingerers scored significantly higher on all of the SIRS primary scales and significantly lower on the GCCT-MSH than the three comparison groups. The SIRS had an overall hit rate of 97.8% using three or more primary scales as the criterion for malingering. Information concerning the simulator's strategies of deception is presented.     

论改革和完善我国的法官制度

我国法官制度存在着法官选任条件的宽泛化、法官管理的行政化、法官建制的地方化、法官个体不独立等问题。文章对这些问题进行了分析,并提出了改革和完善我国法官制度的设想,认为,我国法官制度的改革和完善应当在充分考虑我国国情的基础上,借鉴法治发达国家法官制度的有益成份,从法官选任、法官管理、法官培训、法官保障机制等方面全面进行,其实施方式应当是在国家的统一组织下,整体推进,分步实现。     

The forensic expert witness--an issue of competency

Scientists submitting expert opinions within the legal system are expected to be knowledgeable in the forensic aspects of their particular science, as well as to be ethical and unbiased. Scientists are seldom able to decline a request to provide an expert opinion in their field, even when their forensic expertise is minimal. The competence of scientists providing expert opinions in forensic cases is reviewed here. Three examples of the perils of uninformed "expertise" in forensic biology, medicine and anthropology are presented.     

The influence of strain on law enforcement legitimacy evaluations

Purpose

While law enforcement officers have the state-sanctioned authority to use force as a way to ensure citizen obedience with the law, research has found that when private citizens evaluate the police as legitimate, they are more likely to comply with legal demands and cooperate with the police. Although procedural justice has shown to be a highly significant predictor of perceived police legitimacy, research has found other correlates of this outcome, including ethnic identity, low self-control and structural economic disadvantage. To date, no study has explored whether strain influences perceptions of the legitimacy of law enforcement.

Methods

A series of linear regression equations was estimated using survey data collected from a convenience sample of college students to determine the effect of strain on perceived police legitimacy.

Results

Even after controlling for procedural justice, strain exerted a negative and statistically significant influence on law enforcement legitimacy evaluations.

Conclusions

Police officers are encouraged to interact with citizens in procedurally just manners and to also consider people's strain levels when enforcing the law.     

精神病人受审能力评定标准的制订

目的制订符合中国刑事法律体系的精神病违法者受审能力评定标准。方法根据自己的法医精神病学实践,结合国外已有的标准和中国刑事法律,研究者首先创建了称为“受审能力评定表”的评定工具,然后在实践中运用该工具;最后通过诊断性实验,对该工具的信度、效度及实用性进行了检验。结果该工具的分半信度和同质性信度分别为0.9366和0.9213,工具评定与专家评定的一致性为0.704,除了敏感性为0.6097,其他所有的诊断性指标均大于0.80。结论受审能力评定表具有较好的实用性。     

Assessment of competency: a primer

Determination of testamentary capacity involves not only application of standard tests for decisional competency but also consideration of such special factors as the testator's "moral duty" to those entitled to her or his bounty (also referred to as "common obligations of life"), and the concept of emotional capacity. It is important for medical and legal practitioners who are involved in assessment of testamentary capacity to be aware of these special factors or requirements, their nature and their effect on the validity of the testator's will. The relevant tests and special factors are examined from an historical perspective.     

Domains of competency to stand trial

Attempts to improve the clinical rigor of competency to stand trial evaluations have resulted in the development of several psycholegal measures. Among the most widely used of these measures are the Competency Screening Test (CST), the Fitness Interview Test (FIT), and the Georgia Court Competency Test—Mississippi State Hospital Revision (GCCT-MSH). To examine the theoretical domains of the competency construct as assessed by these measures, a series of exploratory factor analyses were performed combining previously reported data on the FIT and GCCT-MSH with a new outpatient sample of 353 court referrals. For the CST, data from a previous sample were compared to the original validation study. Of the three measures, only the GCCT-MSH showed evidence of stable, independent factors. A comparison of the GCCT-MSH to theDusky standard suggested a need to further develop empirical measures to better represent underlying constructs related to the defendant-attorney relationship and defendant's participation in his or her defense.     

Vocational rehabilitation and Employment program--initial evaluations. Final rule

The Department of Veterans Affairs (VA) adopts as a final rule in this document a proposed rule concerning initial evaluations of individuals who apply for vocational rehabilitation and employment benefits. This final rule is intended to reflect changes in law regarding initial evaluations, to reflect VA's interpretation of applicable law and its determinations of procedures appropriate for use in the initial evaluation, and to improve readability.     

Earlobe creases and coronary atherosclerosis. The view from forensic pathology

In several clinical studies, the diagonal earlobe crease has been statistically related to the presence of ischemic heart disease. Only one study of a relatively small number of hospitalized patients attempts to relate the earlobe crease with amount of stenotic coronary atherosclerosis demonstrated at necropsy. We examined the relationship between the degree of coronary atherosclerosis and the presence of a diagonal earlobe crease in 800 consecutive autopsies performed for medicolegal reasons and thus including a wide spectrum of subjects. Statistical analysis by the chi 2 test demonstrated a positive correlation (p less than 0.01) between the presence of the diagonal earlobe crease and obstructive coronary atherosclerosis narrowing on at least one major coronary artery greater than 75%. We conclude that the autopsy findings support the clinical observations that the diagonal earlobe crease is a cutaneous sign of obstructive coronary atherosclerosis and that the sign should be used accordingly.